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Domestic Violence Can Affect Your Custody Rights

Michael Cohen • April 20, 2022

There are numerous criminal offenses that constitute domestic violence crimes within the state of Wisconsin. These crimes include the various forms of assault and other offenses that happen between spouses and other individuals residing in a home. If you are charged with committing a domestic violence offense, a judge may enter an initial and later a final protective order in your case. As part of these domestic orders, you might not be permitted to spend time with your children, thereby affecting your custody or visitation rights in a divorce proceeding. 

 

At Cohen Law Offices, our lawyers will do everything possible to help you avoid a criminal conviction in your domestic violence case, thereby avoiding potential custody and visitation consequences. For more information about how we could help you beat a criminal domestic violence charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

 

What Is in a Domestic Violence Order?

The actual contents of a domestic violence order will vary from case to case. In many domestic violence orders, a judge will require that the accused individual not have any contact with children whom they share in common with the alleged victim. If you are divorced from your current spouse, the order might cut off your custody or visitation rights while the domestic violence case is pending in the court system. In addition, a domestic violence order may require that you:

 

·        Stay away from the alleged victim and their children

·        Refrain from contacting the alleged victim either in person, by telephonic means, or by electronic means

·        Stay away from the alleged victim’s work or place of business

·        Refrain from owning or using a firearm

·        Refrain from seeing or contacting your children while the domestic violence order is pending

 

Potential Domestic Violence Defenses 

If your domestic violence case goes to a hearing or trial, it is important that you have legal representation during that proceeding. At a domestic violence hearing, your lawyer can advocate for you and your legal interests in the case. Moreover, your attorney might present one or more legal defenses on your behalf. For example, your lawyer could demonstrate that the alleged victim was bitter and filed a domestic violence complaint out of retaliation (meaning that the alleged victim had a motive to lie). In any case, having an experienced domestic violence lawyer on board in your case will increase the chances that you obtain a favorable result when it comes to your children – including with child custody and visitation issues if you are divorced from your spouse.

 

Talk to a Knowledgeable Criminal Defense Attorney About Your Legal Matter Today

Domestic violence convictions often carry hefty legal and personal penalties and consequences – one of which is loss of child custody and visitation rights. However, these consequences are avoidable in some instances. To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information about your legal options. 


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